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Corps of Engineers Seeks Public Comment on Micron’s Permit Application

Buffalo District
Published May 30, 2024

The U.S. Army Corps of Engineers Buffalo District is seeking public comment to evaluate the permit application submitted by Micron New York Semiconductor Manufacturing LLC (Micron), with the comment period closing July 1.

Under Section 404 of the Clean Water Act, the Corps of Engineers will evaluate the impacts to 204.7 acres of federally regulated wetlands and 6,716 linear feet of streams; balancing protection of the natural environment with reasonable development.

The resulting decision is not authorization to construct the project, but specifically under Section 404 of the Clean Water Act, USACE regulates and authorizes discharge of dredged material or placement of fill material in waters of the United States.

Considering public feedback, evaluation of alternatives, and information from the Environmental Impact Statement produced by Department of Commerce, USACE will determine the least environmentally damaging practicable alternative (LEDPA) for the proposed project. USACE is required to evaluate alternatives that are practicable and reasonable. In accordance with the Guidelines at 40 CFR 230.10(a), a permit cannot be issued if a practicable alternative exists that would have less adverse impact on the aquatic ecosystem, provided that the LEDPA does not have other significant adverse environmental consequences to other natural ecosystem components.

Public Notice and Supporting Documentation:


Environmental Impact Statement: After consideration of the comments received during the scoping process, which focused on impacts from construction and operations of a semiconductor fabrication facility, USACE and Creating Helpful Incentives to Produce Semiconductors for America (CHIPS) Program Office (CPO) of the National Institute of Standards of Technology (NIST)  have agreed that because of CPO’s subject matter expertise on these types of facilities, CPO would serve as the lead agency to complete the Environmental Impact Statement. CPO has expertise in the operation of semiconductor fabrication facilities and can assess a broad range of environmental effects from semiconductor operations as lead federal agency. This decision also allows for USACE to focus on the review required for a permit under Section 404 of the Clean Water Act (33 U.S.C. 1344) for the discharge of dredged or fill material into waters of the United States. USACE will rely on the EIS in support of its decision on the 404 permit.  

Proposed Project: Micron New York Semiconductor Manufacturing LLC (Micron), a wholly owned subsidiary of Micron Technology, Inc., is proposing to construct a semiconductor manufacturing facility for leading-edge manufacturing of dynamic random-access memory (DRAM) chips. Micron is proposing to construct the semiconductor manufacturing facility over a continuous 20-year period. Micron is proposing to acquire the approximately 1400-acre White Pine Commerce Park site, located at 5171 Route 31, in the Town of Clay, N.Y. from the Onondaga County Industrial Development Agency (OCIDA). The proposed project requires authorization from the USACE under Section 404 of the Clean Water Act (33 U.S.C. 1344) for the discharge of dredged or fill material into waters of the United States.

The Buffalo District delivers world class engineering solutions to the Great Lakes Region, the Army and the Nation in order to ensure national security, environmental sustainability, water resource management, and emergency assistance during peace and war.

Andrew Kornacki
(716) 879-4349
478 Main Street, Buffalo, NY 14202-3278

Release no. 24-085

Chick Lock

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